Tinjauan Hukum Pemutusan Hubungan Kerja Sepihak Oleh Koperasi Pengangkutan Umum Medan (Studi Putusan No.194/Pdt.Sus-PHI/2017/PN. Mdn)

Abstract

Termination of Relationship means loss of livelihood which also means the beginning of the unemployment period with all its consequences, so as to ensure the certainty and peace of life of workers there should be no termination of employment. But in reality it proves that termination of employment cannot be prevented entirely. The problem in this study is how the factors causing the termination of unilateral employment by the Medan Public Transportation Cooperative, how the process of resolving the unilateral termination of employment by the Medan Public Transportation Cooperative in Decision No. 194 / Pdt.Sus-PHI / 2017 / PN.Mdn and how to prevent termination of unilateral employment relations with workers. This type of research used in this research is normative juridical. The nature of the research used in completing this thesis is descriptive analysis. Data analysis was carried out qualitatively. Data collection techniques Library research (Library Research), namely by conducting research on various sources of reading, namely the rule of law, books, legal magazines, opinions of scholars, as well as lecture materials. Field Research (Field Research), namely by conducting the field at the Industrial Relations Court at the Medan District Court by taking the relevant decision, namely Decision No. 194 / Pdt.Sus-PHI / 2017 / PN.Mdn for analysis. Factors causing termination of employment in the decision No. 194 / Pdt.Sus-PHI / 2017 / PN.Mdn, according to the Plaintiff, was transferred from the Position of Operational Staff to the Matra Taxi at the Medan Office. A few weeks later was given a Memorandum of Duty to the Kualanamu Taxi Matra without any transport money, but the Plaintiff continued to carry out his duties as a Memorandum of duty for 3 (three) months, after which a layoff letter was issued, but according to the defendant because the Plaintiff did not obey the decisions of the Medan Public Transportation Cooperative management which transferred the Plaintiff from the operational sector to the Matra Taxi section, the assignment was only obeyed for a while by the Plaintiff, then did not come to work again. Then the Defendant terminated the employment relationship. Efforts to prevent the Termination of Employment by the Medan Public Transportation Cooperative namely by the existence of an employment agreement that must be agreed by each party in this case are workers and employers and complies with all regulations on employment to ensure a good working relationship, provides appropriate wages with the provisions of the legislation in force, and place workers in accordance with the capabilities possessed by each worker. The first settlement process of the Bipartite Negotiations is the Mediator of the Medan City Manpower Office to be processed in a tripartite manner, but there is no settlement, the Settlement of Industrial Relations Disputes at the District Court Cq Industrial Relations Court.